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TERMS OF USE

TERMS OF USE Last Updated: May 8, 2006 Welcome to the Spirit AeroSystems website (the “Site”) offered by Spirit AeroSystems, Inc. (“we,” “us,” “our,” or “Spirit”).  These Terms of Use (these “Terms”) apply to your access to and use of the Site.  These Terms do not alter in any way the terms or conditions of an


TERMS OF USE

Last Updated: May 8, 2006

Welcome to the Spirit AeroSystems website (the “Site”) offered by Spirit AeroSystems, Inc. (“we,” “us,” “our,” or “Spirit”).  These Terms of Use (these “Terms”) apply to your access to and use of the Site.  These Terms do not alter in any way the terms or conditions of any other written or online agreement you may have with us.

BY ACCESSING, BROWSING, AND/OR USING THE SITE YOU AGREE TO THESE TERMS AND ANY AGREEMENTS, POLICIES, GUIDELINES, OR DOCUMENTS INCORPORATED IN THESE TERMS BY REFERENCE.  YOU AGREE THESE TERMS ARE A BINDING CONTRACT BETWEEN YOU AND SPIRIT.  IF YOU DO NOT WISH TO BE BOUND TO THESE TERMS, THEN YOU MUST IMMEDIATELY STOP ACCESSING, BROWSING, OR USING THE SITE.

If you have any question regarding the use of the Site, please refer first to the Contact information on the home page. All other questions or comments about the Site or its contents should be direct to the webmaster through e-mail at webmaster@spiritaero.com or by phone, (316) 526-3153 Monday through Friday, 8 a.m.- 4:30 p.m. Central time.

1. Modification of Terms.  You agree that we may amend or modify these Terms at any time, without prior notice.  The changes become effective immediately upon posting such amended or modified terms on the Site or if we otherwise notify you of such amended or modified terms.  You agree that if you access, browse, or use the Site after we so post or provide such notice of such amendments or modifications, you have accepted these Terms as amended or modified.  If you do not accept and abide by such amended or modified Terms, you may not use the Site.

2. License and Site Access.  Subject to the terms and conditions herein, your agreement to these Terms allows you to view the portions of the Site that are generally available to the public solely for your personal, non-commercial use.  Additionally, if you have applied to become a registered user by completing such forms and agreeing to such other terms we may specify, including, without limitation, the Spirit Media Content License (as described below), and we have accepted that request (an “Authorized User”), you may view protected portions of the Site that correspond to your registration and download content and materials available through such portions of the Site in accordance with these Terms and the Spirit Media Content License solely for your personal and limited commercial uses directly related to your news reporting and news editorial purposes.

3. Media Content.  Notwithstanding anything contained in these Terms, the right to view, download, display, reproduce, broadcast, or otherwise use any photographs, video, or other content or media licensed to an Authorized User is subject to all of the terms and conditions of the Spirit Media Content License, which may be reviewed when applying to become an Authorized User.  When in conflict, the terms and conditions of the Spirit Media Content License will control over these Terms.

4. Exclusions and Limitations.  By way of example and without limitation, the limited licenses granted herein do not include and you are restricted from doing any of the following without Spirit’s express, written consent: (a) any resale or commercial use of the Site or content therein except as expressly stated above or in the Spirit Media Content License; (b) the collection and use of any product, content, or media listings or descriptions; (c) the modification, alteration, or making derivative uses of the Site or the content or media contained on or available through the Site; (d) the use of any data mining, robots, or similar data gathering and extraction methods; (e) the use or utilization of framing, in-line links, or other techniques to enclose or display any trademark, logo, copyrighted content, or other proprietary information (including, without limitation, the images found in the Site, the content of any text, or the layout/design of any page or form contained on a page) of the Site; (f) the use of any meta tags or other “hidden text” utilizing any name, trademark, or product name of Spirit or any third party; (g) the use the Site in a manner that could damage, disable, overburden, or impair the Site or the computer systems or network(s) connected to or used in association with the Site or interfere with any other person’s use and enjoyment of the Site; (h) the attempt to gain unauthorized access to the Site, any protected portion of the Site, other accounts, or the computer systems or networks connected to or used in association with the Site, including, without limitation, through hacking, password mining, or other means; (i) obtain or attempt to obtain any materials or information through any means not intentionally made available to you through the Site; or (j) the navigation, searching, linking, or locating of information or content in or through the Site other than through the navigational methods or functions of the Site.  Except as expressly stated above, no other rights are granted, and you are not conveyed any right or license by implication, estoppel, or otherwise in the Site or under any patent, trademark, copyright, or other proprietary right of Spirit or any third party.

5. Intellectual Property.

Copyrights.  All copyrighted and copyrightable materials on or available from the Site, including, without limitation, the Spirit logo, pictures, software, the selection and arrangement thereof, and overall look and feel of the Site (the “Copyright Content”) are Copyright Spirit AeroSystems, Inc. and/ or its licensors, ALL RIGHTS RESERVED.  Except as expressly allows in Sections 2 or 3 (and not prohibited in Section 4), none of the Copyright Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior, written consent of Spirit or the respective copyright owner.  Permission is granted to temporarily display, copy, and download the Copyright Content utilizing temporary caching and normal web browser operations in support of the use of the Site as licensed hereunder, provided that you do not (a) copy, publish, or post any Copyright Content on any computer network or broadcast or publications media, (b) modify the Copyright Content, or (c) remove or alter any copyright and/or other proprietary notices contained in the Copyright Content.

Proprietary Marks.  The “SPIRIT AEROSYSTEMS” mark, the Airplane/Compass Logo, the products and services described in the Site, all page headers, custom graphics, button icons, scripts, and general design, arrangement, and overall look and feel of the Site, are either trademarks, service marks, registered trademarks, trade names, and/or trade dress of Spirit and its suppliers and licensors, and may not be copied, imitated, or used, in whole or in part, without the prior, written consent of Spirit or its suppliers or licensors.  All other trademarks, registered trademarks, product names, company names, or logos mentioned herein or on the Site are the property of their respective owners.  You agree you will not contest our ownership and the ownership of our suppliers and licensors in the respective marks.

Submissions.  Subject to our Privacy Statement (if applicable) or any prior written agreements between Spirit and you, you agree that any materials, including but not limited to, requests for information, requests for quotations, questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials, or other information, provided by you in the form of e-mail or other submission to Spirit, or postings on or through the Site, is the sole property of Spirit.  Spirit shall own exclusive rights, including all intellectual property rights therein, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgement or compensation to you.  You waive all moral rights to such materials, including the rights of paternity and integrity. 

6. Use of Information.  Except as otherwise provided in our Privacy Statement (if applicable) or any prior written agreements between Spirit and you, we may collect information concerning and identified to you and your use of the Site through any lawful means, including but not limited to, by tracking your progress through or access to the Site and its contents, through information submitted by you (whether by apply to become a Registered User or otherwise), by collecting information concerning your computer system accessing the Site, or by placing “cookies” or other information on your computer system.  You agree that we may use any information we collect for any lawful means, which may include, without limitation, to conform to legal requirements or comply with legal process, to protect and defend the rights and property of Spirit and its affiliates, or enforce these Terms or any other agreement you have with us.  The Site is offered, stored, and processed in the United States.  By using the Site, you consent to transfer of information outside of your country.

7. DMCA Complaints.

Policy.  It is our policy to respond to notices of alleged infringement in compliance with the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws, which may include removing or disabling access to material claimed to be the subject of infringing activity.  If we remove or disable access to comply with the DMCA, we will make a good-faith attempt to contact the owner of the allegedly infringing content so that such owner may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA.  It is our policy to document all notices of alleged infringement on which we acts.  Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that content, a product, or an activity is infringing or not infringing the copyrights or other proprietary rights of others.

Notice.  To file a notice of infringement with us, you must provide a written communication (by fax or regular mail—not by email, except by prior agreement) that: (1) identifies in sufficient detail the copyrighted or proprietary work that you believe has been infringed, (2) identifies the material that you claim is infringing the copyrighted or proprietary work you listed, including any file name, message ID, and/or URL of such material, (3) provides information reasonably sufficient to permit us to contact you (email address is preferred), (4) includes the following statement: “I have a good faith belief that use of the copyrighted or proprietary materials described above on the allegedly infringing web pages is not authorized by the rights owner, its agent, or the law,” (5) is signed by you, and (6) is sent to the address or number written below.

Counter Notice.  You may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA.  When we receive a counter notification, we will reinstate the material in question.  To file a counter notification, you must provide a written communication (by fax or regular mail—not by email, except by prior agreement) that:  (1) identifies the specific file names, message IDs, and/or URLs of material that we have removed or to which we have disabled access; (2) includes your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Kansas, if your address is outside of the United States), and that you will accept service of process from the person who provided notification to us of infringement or an agent of such person; (3) includes the following statement: "I swear, under penalty of perjury, that I have a good faith belief that each of the proprietary material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;" (4) is signed by you; and (5) is sent to the address or number written below.

Address.  All DMCA notifications and counter notifications must be sent to the following address or number:

By Mail:           Spirit AeroSystems, Inc.
                        ATTN:  Legal Department – DMCA Notice
                        3801 S. Oliver
                        P.O. Box 780008, M/C K11-60
                        Wichita, KS  67278-0008

By Fax:            (316) 526-2320, ATTN:  Legal Department – DMCA Notice

8. Confidentiality.  Content and materials contained on or delivered in protected portions of the Site contain our confidential and proprietary information (the “Confidential Information”).  You agree that you will (a) not use the Confidential Information for any purpose except as expressly authorized in these Terms and then in strict conformity to the terms and conditions of the these Terms, or disclose the Confidential Information to any person; and (b) safeguard the confidentiality of the Confidential Information and use the same degree of care to safeguard the Confidential Information as you use to safeguard your own most confidential information, but in no case less than a reasonable degree of care.  You understand and agree that a violation of these Terms will cause Spirit great harm that cannot be measured in terms of damages alone.  Therefore, you agree that Spirit may obtain injunctive and other equitable relief to prevent the breach or threatened breach of these Terms, without the obligation to post a bond or other security.  Your use of the Site may also be subject to confidentiality restrictions imposed upon you and/or your company in any other agreement you or your company may have with Spirit.

9. Your Obligations and Agreements.  As a condition for using the Site, you understand and agree:

Identifying Information.  You will provide current, accurate, and complete information when requesting use or access to the Site, by applying to become a Registered User, or requesting any information, goods, or services from Spirit.  You will note obscure, mask, hide, delete, or use false or misleading information in or associated with your access or use of the Site or communications on, by, or through the Site by use of proxy servers, anonymous web browsing, or any other method.  You will promptly inform us if any of your information changes (such as a change of address, a change of email address, the closing of an email account, etc.).

No Minors.  The Site is not available to minors.  By accepting these Terms, you agree that you are capable of entering into a binding agreement on behalf of yourself and/or your business.

Security.  You agree to comply with and not attempt to disable or circumvent any security device or procedure associated with the Site.  You agree not to impersonate anyone else, or falsely represent your affiliation with any other person or entity.

Unlawful Use.  You will not use the Site, in whole or in part, for any unlawful purpose.  It is not our responsibility to monitor your activities to insure compliance with any international, federal, state, or local laws or regulations, although we reserves the right to do so at our discretion.

Linking to the Site.  You are granted a limited, non-exclusive right to create a hyperlink to the introductory page of the Site only, http://www.spiritaero.com, provided such link does not portray Spirit or the products or services of Spirit or its suppliers in a false, misleading, derogatory, or otherwise defamatory manner.  You may not “deep link” or link to any other pages or content of the Site except the introductory page.  You may not use any of Spirit’s logos or other proprietary graphics or trademarks to link to the introductory page without Spirit’s express, written permission.

Third Party Links.  We make no claim or representation regarding and accept no responsibility for the quality, content, nature, or reliability of sites accessible by hyperlink from the Site or sites linking to the Site.  Linked sites are not under our control and we are not responsible for the content of any link contained in a linked site, or any review, changes, or updates to such sites.  We are providing you these links only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of the site or any information contained therein.  When leaving the Site, you should be aware that these Terms and our policies (including, without limitation, our Privacy Statement, if applicable) no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site.

10. Termination and Remedies.

Termination.  We may modify, suspend, discontinue, or otherwise terminate your status as a Registered User or the licenses granted herein, including, without limitation, your access to or use of the Site, in whole or in part, on a temporary or permanent basis, at any time, for any reason or no reason, with or without notice, and without liability to you.  The termination or expiration of the Spirit Media Content License automatically terminates a Registered User’s license to access protected portions of the Site.  Upon expiration, termination, cancellation, or discontinuance of a license granted hereunder, your right to use the Site and the Copyright Content and to link to the Site immediately ceases and you will have no right to access the Site, use the Copyright Content, or link to the Site.  Upon expiration or termination, we may in our sole discretion disable, remove, retain, or destroy any content or other information associated with you.

Remedies.  In addition or as an alternative to termination, cancellation, or discontinuance of the licenses granted herein, we may take whatever action we deem necessary or convenient, in our sole discretion, in the event of your breach of these Terms or any other agreement between you and Spirit.  Such actions may include, without limitation, suspending your access to the Site, deleting your registration to the Site, blocking your IP address, or any other technical or legal means at our disposal.  Any rights and remedies hereunder shall be cumulative.  The provisions of Sections 4 through 11 of these Terms shall survive the expiration, termination, cancellation, or discontinuance of the Site and/or these Terms.

11. Disclaimers.  YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.  SPIRIT AND ITS SUPPLIERS PROVIDE THE SITE AND CONTENT AND MEDIA LOCATED ON OR ACCESSIBLE THROUGH THE SITE ON AN "AS IS" BASIS AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT, OR WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF CONDUCT, OR USAGE IN TRADE.  SPIRIT MAKES NO WARRANTY THAT THE SITE OR ITS CONTENT WILL: MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, PROPERLY STORED OR DELIVERED, ACCURATE, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THE QUALITY OF ANY INFORMATION OR OTHER MATERIALS OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS.  ANY MATERIAL TRANSMITTED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE TRANSMISSION OF ANY SUCH MATERIAL.

12. Limitation of Liability.  SPIRIT SPECIFICALLY DISCLAIMS AND YOU HEREBY RELEASE SPIRIT FROM ANY OBLIGATION OR LIABILITY RESULTING FROM YOUR USE OF THE SITE OR THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE.  IN NO EVENT SHALL SPIRIT, ITS LICENSORS, AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, LOSS OF DATA, OR LOSS OF PROFITS (HOWEVER ARISING, WHETHER IN CONTRACT, TORT, OR OTHERWISE, INCLUDING STRICT LIABILITY AND NEGLIGENCE) EVEN IF SPIRIT OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF, OR IN CONNECTION WITH, THE USE OR INABILITY TO USE THE SITE, THE PROVISION OF OR FAILURE TO PROVIDE THE SITE, FOR ANY CONTENT OR MATERIALS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE SAME, THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL STATEMENTS OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY, OR ANY OTHER MATTER RELATING TO THE SITE.

As used in this Section 12, “Spirit” includes Spirit, its licensors, its suppliers, its affiliates and each of their respective officers, directors, employees, agents, successors, and assigns.

SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY, SO THE FOREGOING DISCLAIMERS LIMITATION MAY NOT APPLY TO YOU.  IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.

Without limiting the foregoing, under no circumstances shall we or our licensors or suppliers be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

13. General.

Choice of Law; Venue.  You agree that these Terms shall be governed by the laws of the State of Kansas, U.S.A., without resort to the rules governing conflicts of law.  You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Sedgwick County, Kansas, U.S.A. in all disputes arising out of or relating to the access or use of the Site or any content or media available on or through the Site.

Indemnification.  You agree to indemnify and hold Spirit, its licensors or suppliers, and each of their owners, subsidiaries, affiliates, officers, directors, and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct in the use of the Site or the content or media available on or through the Site.

Severability.  If any provision of these Terms is held to be invalid or unenforceable including, but not limited to, the warranty disclaimers and liability limitations set forth above, then such provision shall be struck to the extent of the invalidity or unenforceability and the remaining provisions shall be enforced.

No Waiver.  Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

Integration; Amendment.  These Terms and the Spirit Media Content License and the Privacy Statement (if applicable) are the entire understanding and agreement between you and us with respect to the subject matter hereof.  When in conflict, the terms and conditions of any other written agreement between you and Spirit controls over these Terms.  Except as specified herein, no amendment may be made to these Terms unless the same is in writing and signed by an authorized representative of Spirit.

Copies.  A printed version of this agreement shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

[End of Terms]


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